T h e C i t y Re c o rd

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1 T h e C i t y Re c o rd O fficial Publication of the Council of the City of Cleve l a n d September the Third, Two Thousand and Three Jane L. Campbell Mayor Frank G. Jackson President of Council Valarie J. McCall City Clerk, Clerk of Council Ward Name 1 Joseph T. Jones 2 Robert J. White 3 Zachary Reed 4 Kenneth L. Johnson 5 Frank G. Jackson 6 Patricia J. Britt 7 Fannie M. Lewis 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats 11 Michael D. Polensek 12 Edward W. Rybka 13 Joe Cimperman 14 Nelson Cintron, Jr. 15 Merle R. Gordon 16 Michael C. O Malley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan Containing PAGE City Council 3 The Calendar 3 Board of Control 3 Civil Service 7 Board of Zoning Appeals 7 Board of Building Standards and Building Appeals 8 Public Notice 9 Public Hearings 9 City of Cleveland Bids 9 Adopted Resolutions and Ordinances 10 Committee Meetings 10 Index 11 PRESORTED STANDARD U. S. POSTAGE PAID CLEVELAND, OHIO Permit No. 1372

2 DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE President of Council Frank G. Jackson Ward Name Residence 1 Joseph T. Jones East 177th Street Robert J. White East 126th Street Zachary Reed East 149th Street Kenneth L. Johnson Hampton Road Frank G. Jackson East 38th Street Patricia J. Britt Britton Drive Fannie M. Lewis Star Avenue Sabra Pierce Scott Kempton Avenue Kevin Conwell East 131st Street Roosevelt Coats Cliffview Road Michael D. Polensek Brian Avenue Edward W. Rybka Indiana Avenue Joe Cimperman West 12th Street Nelson Cintron, Jr Daisy Avenue Merle R. Gordon Denison Avenue Michael C. O Malley Brookside Drive Matthew Zone West 69th Street Jay Westbrook West 103rd Street Dona Brady Bosworth Road Martin J. Sweeney West 133rd Street Michael A. Dolan West Park Road City Clerk, Clerk of Council Valarie J. McCall, 216 City Hall, First Assistant Clerk Sandra Franklin MAYOR Jane L. Campbell Debra M. Janik, Chief of Staff David M. McGuirk, Executive Assistant Timothy Mueller, Executive Assistant Craig Tame, Executive Assistant Henry Guzman, Director, Office of Equal Opportunity Margreat A. Jackson, Legislative Affairs Liaison Erik Janas, Inter-Governmental Affairs Officer Lorna Wisham, Chief Public Affairs Officer D E P T. OF LAW Subodh Chandra,D i re c t o r, Galen L. Sch u e rl e i n,acting Chief Counsel, Rm. 106 Karen E. Martines, Law Librarian, Room 100 DEPT. OF FINANCE Robert H. Baker, Director, Room 104; Frank Badalamenti, Manager, Internal Audit DIVISIONS: Accounts Alan Schneider, Commissioner, Room 19 Assessments and Licenses Dedrick Stephens, Commissioner, Room 122 City Treasury Algeron Walker, Treasurer, Room 115 Financial Reporting and Control James Gentile, Controller, Room 18 I n fo rm ation Te ch n o l ogy and Services James S. Higgi n s,c o m m i s s i o n e r, 1404 East 9th Stre e t Purchases and Supplies Myrna Branche, Commissioner, Room 128 Printing and Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue Taxation Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue DEPT. OF PUBLIC UTILITIES Michael G. Konicek, Director, 1201 Lakeside Avenue DIVISIONS 1201 Lakeside Avenue Cleveland Public Power James F. Majer, Commissioner Street Lighting Bureau, Acting Chief Utilities Fiscal Control Dennis Nichols, Commissioner Water Julius Ciaccia, Jr., Commissioner Water Pollution Control Darnell Brown, Commissioner DEPT. OF PORT CONTROL John C. Mok, Director Cleveland Hopkins International Airport, 5300 Riverside Drive Burke Lakefront Airport Khalid Bahhur, Commissioner Cleveland Hopkins International Airport Fred Szabo, Commissioner DEPT. OF PUBLIC SERVICE Mark Ricchiuto, Director, Room 113 DIVISIONS: Architecture Kurt Weibusch, Commissioner, Room 517 Engineering and Construction Randall E. DeVaul, Commissioner, Room 518 Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Streets Randell T. Scott, Commissioner, Room 25 Tra ffic Engi n e e ring Robert Mave c, C o m m i s s i o n e r, 4150 East 49th Stre e t, Building #1 Waste Collection and Disposal Ron Owens, Commissioner, 5600 Carnegie Avenue D E P T. OF PUBLIC HEALTH Mat t h ew Carro l l,acting Dire c t o r, M u ral Building, 1925 St. Clair Ave. DIVISIONS: Air Quality Commissioner C o rrection Robert Ta s key,c o m m i s s i o n e r, C l eveland House of Corre c t i o n s,4041 Nort h field Rd. Environment Willie Bess, Acting Commissioner, Mural Building, 1925 St. Clair Ave. Health Dr. We n dy Jo h n s o n, Acting Commissioner, M u ral Building, 1925 St. Clair Ave. DEPT. OF PUBLIC SAFETY James A. Draper, Director, Room 230 DIVISIONS: Dog Pound John Baird, Chief Dog Warden, 2690 West 7th Street Emergency Medical Service Edward Eckart,Commissioner, 1708 South Pointe Drive Fire Kevin G. Gerrity, Chief, 1645 Superior Avenue Police Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street D E P T. OF PA R K S, R E C R E ATION & PRO P E RTIES Natalie A. Ronay n e, Acting Dire c t o r Cleveland Convention Center, Clubroom A, 1220 East 6th Street DIVISIONS: Convention Center & Stadium James Glending, Commissioner Public Auditorium, East 6th Street and Lakeside Avenue Parking Facilities Dennis Donahue, Commissioner Public Auditorium, East 6th Street and Lakeside Avenue Park Maintenance and Properties Richard L. Silva, Commissioner Public Auditorium East 6th Street and Lakeside Avenue Property Management Tom Nagle, Commissioner, East 49th Street & Harvard Recreation Michael Cox, Commissioner, Room 8 R e s e a rch, Planning & Development Mark Fa l l o n,c o m m i s s i o n e r, 1501 N. Marginal Road Burke Lakefront Airport D E P T. OF COMMUNITY DEVELOPMENT Linda M. Hudecek, D i re c t o r, 3 rd Floor, City Hall DIVISIONS: Administrative Services Terrence Ross, Commissioner Neighborhood Services Louise V. Jackson, Commissioner Neighborhood Development Sharon Dumas, Commissioner DEPT. OF BUILDING AND HOUSING James G. Williams, Director, Room 500 DIVISIONS: Code Enforcement Tyrone L. Johnson, Commissioner Construction Permitting Timothy R. Wolosz, Commissioner D E P T. OF PERSONNEL AND HUMAN RESOURCES Gina Routen, D i re c t o r, Room 121 DEPT. OF ECONOMIC DEVELOPMENT Steven Sims, Director, Room 210 DEPT. OF AGING Jane E. Fumich, Director, Room 122 DEPT. OF CONSUMER AFFAIRS Kenya Taylor, Director COMMUNITY RELATIONS BOARD Room 11, Je ff rey D. Jo h n s o n,d i rector; Mayor Ja n e L. Campbell, C h a i rman Ex-Officio; Rev. Charles Lucas, J r., Vi c e - C h a i rman; Councilman Kevin Conwell,Councilman Matthew Zone, City Council Representatives; Charles L. Pat t o n,j r., Paula Castleb e rry, Emmett Saunders, John Banno, K at h ryn M. Hall, E va n ge l i n e H a rd away, Janet Ja n k u ra, Gia Hoa Rya n, R ev. Jesse Harri s,m agda Gomez, Fred J. Livingstone, Margot James Copeland. CIVIL SERVICE COMMISSION Room 119, R eynaldo Galindo, P resident; Rev. Earl Preston, Vice President; Jonalyn M. Krupka,Secretary; Members:Diane M. Downing, William Morrison. SINKING FUND COMMISSION Jane L. Campbell,President; Council President Frank G. Jackson; Betsy Hruby, Asst. Sec y.; Robert H. Baker, Director. BOARD OF ZONING APPEALS Room 516,Carol A. Johnson,Chairman; Members; M a rgre at Hopkins, O zell Dobb i n s, Joan Shaver Wa s h i n g t o n, C h ristopher Carm o dy, Eugene Cranford, Jr., Secretary. B OARD OF BUILDING STA N DARDS AND BUILDING APPEALS Room 516, J. F. Denk, Chairman; James Williams,Arthur Saunders,Alternate Members D. Cox, P. Frank,E. P. O Brien, Richard Pace, J.S. Sullivan. BOARD OF REVISION OF ASSESSMENTS Law Director Subodh Chandra,President; Finance Director Robert H. Baker, Secretary; Council President Frank G. Jackson. B OARD OF SIDEWALK APPEALS Service Director Mark Ricchiuto; Law Dire c t o r Subodh Chandra; Councilman Martin J. Sweeney. B OARD OF REVIEW (Municipal Income Tax) Law Director Subodh Chandra; Utilities Director Michael G. Konicek; Council President Frank G. Jackson. CITY PLANNING COMMISSION Room 501 Christopher S. Ronay n e, D i re c t o r ; Anthony J. Coyne, Chairman; David Bowen,Lillian W. Burke, Lawrence A. Lumpkin, Gloria Jean Pinkney, Rev. Sam Edward Small, Councilman Joseph Cimperman. FAIR EMPLOYMENT WAGE BOARD Room 210 Gerald Meye r, Chair; A n gela Caldwe l l, Vice Chair; P atrick Gallagher, Kathryn Jackson, Draydean McCaleb,Council Member Nelson Cintron, Ed Romero. HOUSING A DV I S O RY BOARD Room 310 Keith Brow n, Te rri Hamilton Brow n, Vi ck i e E at o n - Jo h n s o n, M i ke Fo l ey, E ric Hodd e rs o n, Janet Loehr, M a rk McDerm o t t, M a rc i a Nolan, D avid Pe rkow s k i, Joan Shaver Wa s h i n g t o n, Keith Sutton, Council Member Merl e G o rd o n. FAIR HOUSING BOARD Charles See, Chair; Cindy Barber, Vice Chair; Michael Doud, Doris Honsa, Richard Lenard. CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones,Chairman; Clint Martin, Mark Rivera. MORAL CLAIMS COMMISSION Law Director Subodh Chandra; Chairman; Finance D i rector Robert H. Baker; Council President Frank G. Ja ckson; Councilman Dona Bra dy ; Councilman Martin J. Sweeney. BOARD OF EXAMINERS OF ELECTRICIANS Samuel Montfort,Chairman; Donald B a u l k n i l g h t, Anton J. Eich mu l l e r, J. Gilbert Steele, R aymond Ossov i ck i, Chief Electri c a l Inspector; Laszlo V. Kemes, Secretary to the Board. B OARD OF EXAMINERS OF PLUMBERS Jo s eph Gyo rky, C h a i rman; Earl S. Bumga rn e r, Alfred Fowler, Jozef Valencik, Lawrence Skule, Chief Plumbing Inspector; Laszlo V. Kemes, Secretary to the Board. CLEVELAND LANDMARKS COMMISSION Room 519 Paul Vo l p e, Chair; Ted Sande, Vice Chair; James Gibans,India Pierce Lee, Robert Madison,Randall B. Shorr, Chris R o n ay n e, N. Ku rt Wi ebu s ch, Council Member Joe Cimperm a n,d wayne J. Simpson; Robert Keiser, Secretary. CLEVELAND MUNICIPAL COURT JUSTICE CENTER 1200 ONTARIO STREET JUDGE COURTROOM ASSIGNMENTS Judge Presiding and Administrative Judge Larry A. Jones Judge Ronald B. Adrine Judge C. Ellen Connally Judge Sean C. Gallagher Judge Emanuella Groves Judge Mabel M. Jasper Judge Kathleen Ann Keough Judge Mary E. Kilbane Judge Ralph J. Perk, Jr. Judge Raymond L. Pianka (Housing Court Judge) Judge Angela R. Stokes Judge Robert J. Triozzi Judge Joseph J. Zone Courtroom 13C 15A 15C 12C 12B 14D 13D 14C 14B 13B 13A 14A 12A E a rle B. Tu rner Clerk of Court s,m i chael E. Flanagan Court A d m i n i s t rat o r, Paul J. Mize rak Bailiff ; Kenneth Thomas Chief Pro b ation Offi c e r, G rego ry F. Cliffo rd Chief Magi s t rat e

3 The City Re c o rd OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 90 W E D N E S DAY, SEPTEMBER 3, 2003 No CITY COUNCIL MONDAY, SEPTEMBER 1, 2003 The City Record Published weekly under authority of the Charter of the City of Cleveland Subscription (by mail) $75.00 a year January 1 to December 31 Interim subscriptions prorated $6.25 per month Address all communications to VALARIE J. McCALL City Clerk, Clerk of Council 216 City Hall PERMANENT SCHEDULE STANDING COMMITTEES OF THE COUNCIL MONDAY 9:30 A.M. Public Parks, Property & Recreation Committee: Johnson, Chairman; White, Vice Chairman; Cimperman, Dolan, Jones, Rybka, Sweeney. MONDAY Alternating 11:00 A.M. Public Service Committee: Sweeney, Chairman; Jones, Vice Chairman; Brady, Cimperman, Johnson, O Malley, Polensek, White, Zone. 11:00 A.M. Employment, Affirmative Action & Training Committee: Lewis, Chairman; Conwell, Vice Chairman; Cintron, Coats, Johnson, Reed, Polensek. MONDAY 2:00 P.M. Finance Committee: Jackson, Chairman; Sweeney, Vice Chairman; Brady, Britt, Coats, Gordon, O Malley, Reed, Scott, Westbrook, White. TUESDAY 9:30 A.M. Community and Economic Development Committee: Gordon, Chairman; Cimperman, Vice Chairman; Cintron, Coats, Jones, Lewis, Reed, Scott, Zone. TUESDAY Alternating 1:00 P.M. Health & Human Services Committee: Britt, Chairman; Zone, Vice Chairman; Cintron, Conwell, Gordon, Scott, Polensek. 1:30 P.M. Legislation Committee: White, Chairman; Scott, Vice Chairman; Dolan, Gordon, Johnson, Rybka, Westbrook. WEDNESDAY Alternating 10:00 A.M. Aviation & Transportation Committee: Westbrook, Chairman; Sweeney, Vice Chairman; Britt, Dolan, Gordon, Reed, Rybka. 10:00 A.M. Public Safety Committee: Reed, Chairman; Britt, Vice Chairman; Brady, Cimperman, Coats, Conwell, Jones, White, Zone. WEDNESDAY Alternating 1:30 P.M. Public Utilities Committee: Coats, Chairman; O Malley, Vice Chairman; Brady, Cintron, Jones, Polensek, Sweeney, Westbrook, Zone. 1:30 P.M. City Planning Committee: Cimperman, Chairman, Rybka, Vice Chairman, Conwell, Lewis, O Malley, Scott, Westbrook. The following Committees are subject to the Call of the Chairman: Rules Committee: Jackson, Chairman; O Malley, Reed, Sweeney, Westbrook. Personnel and Operations Committee: Gordon, Chairman; Britt, Cimperman, Coats, Scott. Mayor s Appointment Committee: Coats, Chairman; Cintron, Reed, Pierce Scott, Westbrook. OFFICIAL PROCEEDINGS CITY COUNCIL NO MEETING THE CALENDAR The following measures will be on their final passage at the next meeting: NONE BOARD OF CONTROL August 27, 2003 The regular meeting of the Board of Control convened in the Mayor s office on Wednesday, August 27, 2003, at 10:30 a.m. with Mayor Campbell presiding. Present: Mayor Campbell, Directors Chandra, Baker, Konicek, Mok, Acting Ronayne, Hudecek, Routen, Sims, Taylor and Acting Director Vilkas. Others: Myrna Branche, Commissioner, Purchases and Supplies Henry Guzman, Director, Office of Equal Opportunity. On motion, the following resolutions were adopted. Resolution No By Director Konicek. the bid of OHIO CAT for an estimated quantity of safety equipment required for compliance with OSHA and EPA regulations (groups 3, 4, & 10) for the Divisions of Water, Cleveland Public Power and Water Pollution Control, Department of Public Utilities, for a period of two (2) years beginning with the date of execution of a contract, received on the 27th day of June, 2003, pursuant to the authority of Ordinance No , passed July 18, 2001, upon a unit basis of the estimated quantity would amount to Three Hundred Ninety Thousand Dollars and 00/100 Cents ($390,000.00) is hereby affirmed and approved as the lowest and best bid, and the Director of Public Utilities is hereby requested to enter into requirement contract for such commodities, which shall provide for the immediate purchase as the initial amount of such contract of the following: Requisition No which shall be certified against such contract in the sum of Two Hundred Thousand Dollars and 00/100 Cents ($200,000.00). Said requirement contract shall further provide that the Contractor will furnish the remainder of the requirement for such commodities, whether more or less than said estimated quantity, as may be ordered under subsequent requisitions separately certified against said contract. Resolution No By Director Konicek. the bid of Ladders Unlimited & Supply, Inc. for an estimated quantity of safety equipment required for compliance with OSHA and EPA regulations (group 7) for the Divisions of Water, Cleveland Public Power and Water Pollution Control, Department of Public Utilities, for a period of two (2) years beginning with the date of execution of a con-

4 4 The City Record September 3, 2003 tract, received on the 27th day of June, 2003, pursuant to the authority of Ordinance No , passed July 18, 2001, upon a unit basis of the estimated quantity would amount to Thirty Thousand Dollars and 00/100 Cents ($30,000.00) is hereby affirmed and approved as the lowest and best bid, and the Director of Public Utilities is hereby requested to enter into requirement contract for such commodities, which shall provide for the immediate purchase as the initial amount of such contract of the following: Requisition No which shall be certified against such contract in the sum of Fifteen Thousand Dollars and 00/100 Cents ( $ 1 5, ). Said requirement contract shall further provide that the Contractor will furnish the remainder of the requirement for such commodities, whether more or less than said estimated quantity, as may be ordered under subsequent requisitions separately certified against said contract. Resolution No By Director Konicek. Be it resolved, by the Board of all bids received on June 27, 2003 for an estimated quantity of safety equipment required for compliance with OSHA and EPA regulations (Groups 8 and 9) for the Divisions of Water, Cleveland Public Power and Water Pollution Control, Department of Public Utilities, pursuant to the authority of Ordinance # , passed by the Council of the City of Cleveland on July 18, 2001, are hereby rejected. Resolution No By Director Konicek. Be it resolved, by the Board of the bid of Terrace Construction Co., Inc. for the public improvement of constructing the Larchwood Avenue Sewer Project (Base Bid Items including the 10% contingency allowance) for the Division of Water Pollution Control, Department of Public Utilities, received on July 3, 2003, pursuant to the authority of Ordinance No , passed July 17, 2002, upon a unit basis for the improvement, in the aggregate amount of Six Hundred Eighty- Three Thousand Three Hundred Thirty-Five and 95/100 Dollars ($683,335.95), is hereby affirmed and approved as the lowest responsible bid; and the Director of Public Utilities is hereby authorized to enter into contract for said improvement with said bidder. Be it further resolved by the Board of Control of the City of Cleveland that the employment of the following subcontractors by Terrace Construction Co., Inc. for the above-mentioned public improvement is hereby approved: SUBCONTRACTOR MBE/FBE WORK Vallejo Co. MBE $102,505.00(15.00%) Rockport Construction FBE $34,175.00(5.01%) Resolution No By Director Konicek. Control of the City of Cleveland, that the bid of Fabrizi Trucking & Paving Co., Inc. for the public improvement of West 111th Street/West 114th Street replacing or repairing of water mains (including a $52, contingency allowance), (all items), for the Division of Water, Department of Public Utilities, received on July 16, 2003, pursuant to the authority of Ordinance No , passed July 18, 2001, upon a unit basis for the improvement in the aggregate amount of Five Hundred Eighty Thousand Four Hundred Fifteen Dollars ($580,415.00), is hereby affirmed and approved as the lowest responsible bid; and the Director of Public Utilities is hereby authorized to enter into contract for said improvement with said bidder. Be it further resolved by the Board of Control of the City of Cleveland that the employment of the following subcontractors by Fabrizi Trucking & Paving Co., Inc., for the above-mentioned public improvement is hereby approved: SUBCONTRACTOR PERCENTAGE WORK Cook Paving & Construction Co. Inc % MBE $75, McTech Corp. 2.59% MBE $15, Friedel Trucking Company, Inc. 5.17% FBE $30, Resolution No By Director Mok. Resolved by the Board of Control of the City of Cleveland, that all bids received on August 6, 2003, for the public improvement of constructing an employee parking lot and relating facilities at the Riveredge site for the Division of Cleveland Hopkins International Airport, Department of Port Control pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 18, 2001, be and the same are hereby rejected. Resolution No By Director Ricchiuto. Whereas, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on June 17, 1999, and Resolution No , adopted by this Board of Control on June 23, 1999 the City, through its Director of Public Service, entered into an agreement with Dodson-Stilson, Inc. ( Consultant ), Contract No for the purpose of supplementing the regularly employed staff of several departments of the City of Cleveland in order to provide the professional services necessary to design Noise Wall Barriers and Landscaping near CSX and Norfolk Southern Railroads Lines at various locations; and Whereas, the Director of Public Service, in accordance with Board of Control Resolution No , adopted by the Board of Control on July 18, 2001, entered into a First Modification to City Contract No for the additional engineering services to complete the design; and Whereas, the City desires to make plan revisions at Briggs and Thompson sites, and to prepare fencing plans at Walford Avenue and Briggs Avenue; and Whereas, DLZ OHIO, Inc. is the parent Corporation of the Consultant; and Whereas, Consultant has proposed by its June 26, 2003 letter to perform the additional professional services required; now, therefore, the Director of Public Service hereby is authorized to enter into a second modification to Contract No with Dodson-Stilson, Inc. in accordance with its June 26, 2003 letter for the additional professional services required to make plan revisions at Briggs and Thompson sites and to prepare fencing plans at Walford Avenue and Briggs Avenue. The compensation for such additional services authorized hereby shall not exceed the amount of $18,347.86, thereby increasing the total compensation under the Agreement from $807, to $825, The modification authorized hereby shall be prepared by the Director of Law and shall include such provisions as said Director deems necessary to benefit and protect the public interest.

5 September 3, 2003 The City Record 5 Resolution No By Director Ricchiuto. Be it resolved, by the Board of the bid of Concord Road Equipment Mfg., Inc. for an estimated quantity of various salt spreader, insert and plow parts and labor if necessary, item 5, for the Division of Motor Vehicle Maintenance, Department of Public Service, for the period of two (2) years beginning with the date of execution of a contract, received on May 30, 2003, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on December 9, 2002, which on the basis of the estimated quantity would amount to Twenty Thousand and no/100 Dollars ($20,000.00) (Net), is hereby affirmed and approved as the lowest and best bid, and the Director of Public Service is hereby requested to enter into a requirement contract for such goods and/or services, which shall provide for the immediate purchase as the initial amount of such contract of the following: Requisition No which shall be certified against such contract in the sum of Six Thousand and no/100 Dollars ($6,000.00). Said requirement contract shall further provide that the Contractor shall furnish the remainder of the City s requirements for such goods and/or services, whether more or less than said estimated quantity, as may be ordered under subsequent requisitions separately certified against said contract. Resolution No By Director Ricchiuto. Be it resolved, by the Board of the bid of Cenweld Corp. for an estimated quantity of various salt spreader, insert and plow parts and labor if necessary, item 6, for the Division of Motor Vehicle Maintenance, Department of Public Service, for the period of one (1) year beginning with the date of execution of a contract, received on May 30, 2003, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on December 9, 2002, which on the basis of the estimated quantity would amount to Forty Thousand and no/100 Dollars ($40,000.00) (Net 30), is hereby affirmed and approved as the lowest and best bid, and the Director of Public Service is hereby requested to enter into a requirement contract for such goods and/or services, which shall provide for the immediate purchase as the initial amount of such contract of the following: Requisition No which shall be certified against such contract in the sum of Ten Thousand and no/100 Dollars ($10,000.00). Said requirement contract shall further provide that the Contractor shall furnish the remainder of the City s requirements for such goods and/or services, whether more or less than said estimated quantity, as may be ordered under subsequent requisitions separately certified against said contract. Be it further resolved that the employment of the following subcontractor by Cenweld Corp. for the above-mentioned requirement contract is hereby approved: Subcontractor Percentage Amount Independent Brokers (MBE) 3% $1, Resolution No By Director Ricchiuto. Be it resolved, by the Board of the bid of Jones Equipment, Inc. for an estimated quantity of various salt spreader, insert and plow parts and labor if necessary, item 3, for the Division of Motor Vehicle Maintenance, Department of Public Service, for the period of one (1) year beginning with the date of execution of a contract, received on May 30, 2003, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on December 9, 2002, which on the basis of the estimated quantity would amount to Five Thousand and no/100 Dollars ($5,000.00) (Net 15), is hereby affirmed and approved as the lowest and best bid, and the Director of Public Service is hereby requested to enter into a requirement contract for such goods and/or services, which shall provide for the immediate purchase as the initial amount of such contract of the following: Requisition No which shall be certified against such contract in the sum of Two Thousand and no/100 Dollars ($2,000.00). Said requirement contract shall further provide that the Contractor shall furnish the remainder of the City s requirements for such goods and/or services, whether more or less than said estimated quantity, as may be ordered under subsequent requisitions separately certified against said contract. Resolution No By Director Ricchiuto. the bid of Republic Services of Ohio Hauling, LLC for an estimated quantity of transfer and disposal of bulk waste, Contract B, alternate 1, for the Division of Waste Collection and Disposal, Department of Public Service for the period of two (2) years, beginning with the date of execution of a contract, received on August 1, 2003, pursuant to the 2091 authority of Ordinance No , passed May 12, 2003, which on the basis of the estimated quantity would amount to approximately Nine Hundred Seventy Eight Thousand Two Hundred Fifty and no/100 Dollars ($978,250.00), is hereby affirmed and approved as the lowest and best bid, and the Director of Public Service is hereby requested to enter into a requirement contract for such goods and/or services, which shall provide for the immediate purchase as the initial amount of such contract of the following: Requisition No which shall be certified against such contract in the sum of Two Hundred Fifty Thousand and no/100 Dollars ( $ 2 5 0, ). Said requirement contract shall further provide that the Contractor shall furnish the remainder of the City s requirements for such goods and/or services, whether more or less than said estimated quantity, as may be ordered under subsequent requisitions separately certified against said contract. Be it further resolved by the Board of Control of the City of Cleveland that the employment of the following subcontractors by Republic Services of Ohio Hauling, LLC for the transfer and disposal of bulk waste is hereby approved: Granger Trucking, Inc. MBE 15% $146, Interstate Safety & Service Co., Inc. FBE 5% $48, Resolution No By Director Hudecek. Whereas, pursuant to Ordinance No passed October 25, 1976, the City is conducting a Land Reutilization Program in accordance with the provision of Chapter 5722 of the Ohio Revised Code; and Whereas, City has acquired Permanent Parcel No under said Land Reutilization Program; and Whereas, Ordinance No passed August 13, 2003, authorized the sale of said parcel for a consideration established by the Board of Control at not less than the Fair Market Value; and Whereas, Anthony J. Martin has proposed to the City to purchase and develop said parcel; now, theref o r e, pursuant to the authorization of Ordinance No passed August 13, 2003, by the Cleveland City Council, the Mayor is hereby authorized to execute an official deed for and on behalf of the City of Cleveland with Anthony J. Martin for the sale and development of Permanent Parcel No , as described in said Ordinance in accordance with the Land Reutilization Program in such manner as best carries out the intent of said program.

6 6 The City Record September 3, 2003 Be it further resolved that the consideration for said parcel shall be $400.00, which amount is hereby determined to be not less than the fair market value of said parcel for uses in accordance with the Land Reutilization Program. Resolution No By Director Hudecek. Whereas, pursuant to Ordinance No passed October 25, 1976, the City is conducting a Land Reutilization Program in accordance with the provision of Chapter 5722 of the Ohio Revised Code; and Whereas, City has acquired Permanent Parcel No under said Land Reutilization Program; and Whereas, Ordinance No passed June 10, 2003, authorized the sale of said parcel for a consideration established by the Board of Control at not less than the Fair Market Value; and Whereas, Northeastern Neighborhood Development Corporation has proposed to the City to purchase and develop said parcel; now, therefore, pursuant to the authorization of Ordinance No passed June 10, 2003, by the Cleveland City Council, the Mayor is hereby authorized to execute an official deed for and on behalf of the City of Cleveland with Northeastern Neighborhood Development Corporation for the sale and development of Permanent Parcel No , as described in said Ordinance in accordance with the Land Reutilization Program in such manner as best carries out the intent of said program. Be it further resolved that the consideration for said parcel shall be $100.00, which amount is hereby determined to be not less than the fair market value of said parcel for uses in accordance with the Land Reutilization Program. Resolution No By Director Hudecek. Whereas, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 17, 2002, the Director of Community Development is authorized to enter into contracts with various individuals and/or families for assistance in the financing of housing being acquired in the City of Cleveland in order to improve the economic and general well-being of the people of the City of Cleveland; and Whereas, the City has established a Housing Advisory Board to review the City s comprehensive affordable housing strategy and various housing assistance programs; and Whereas, the Housing Advisory Board has reviewed and approved the proposed mortgage loan and/or grant assistance to the home buyers program; now, therefore, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 17, 2002, this Board of Control hereby approves the amount of the Mortgage Loan to Tanya L. Jones, Wildwood Lane, Cleveland, Ohio 44119, of Ten Thousand Dollars ($10,000.00). Resolution No By Director Hudecek. Whereas, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 17, 2002, the Director of Community Development is authorized to enter into contracts with various individuals and/or families for assistance in the financing of housing being acquired in the City of Cleveland in order to improve the economic and general well-being of the people of the City of Cleveland; and Whereas, the City has established a Housing Advisory Board to review the City s comprehensive affordable housing strategy and various housing assistance programs; and Whereas, the Housing Advisory Board has reviewed and approved the proposed mortgage loan and/or grant assistance to the home buyers program; now, therefore, Control of the City of Cleveland that pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 17, 2002, this Board of Control hereby approves the amount of the Mortgage Loan to Aleta Sattiewhite and George Sattiewhite, Wildwood Lane, Cleveland, Ohio 44119, of Ten Thousand Dollars ($10,000.00). Resolution No By Director Hudecek. Whereas, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 17, 2002, the Director of Community Development is authorized to enter into contracts with various individuals and/or families for assistance in the financing of housing being acquired in the City of Cleveland in order to improve the economic and general well-being of the people of the City of Cleveland; and 2092 Whereas, the City has established a Housing Advisory Board to review the City s comprehensive affordable housing strategy and various housing assistance programs; and Whereas, the Housing Advisory Board has reviewed and approved the proposed mortgage loan and/or grant assistance to the home buyers program; now, therefore, pursuant to the authority of Ordinance No , passed by the Council of the City of Cleveland on July 17, 2002, this Board of Control hereby approves the amount of the Mortgage Loan to Bryant A. Smith, Wildwood Lane, Cleveland, Ohio 44119, of Ten Thousand Dollars ($10,000.00). Resolution No By Director Baker. Resolved, by the Board of Control of the City of Cleveland that pursuant to the authority of Ohio Revised Code Section (B)(1) and Cleveland Municipal Court Journal Entry Volume II, Page 29, dated August 22, 2003, American Express Tax and Business (TBS) ( Consultant ) is hereby selected upon nomination of the Director of Finance, on behalf of the Cleveland Municipal Court, from a list of qualified consultants available for such employment and determined after a full and complete canvass by said Director as the consulting firm to be employed by contract for the purpose of providing financial consulting for the Cleveland Municipal Court. Be it further resolved that the Director of Finance on behalf of the Cleveland Municipal Court is authorized to enter into a written contract with American Express Tax and Business (TBS) for professional services based upon its proposal dated July 14, 2003, in an amount of Thirty-Two Thousand Five Hundred Dollars ($32,500). The contract authorized shall be prepared by the Director of Law and shall contain such other provisions, as said Director deems necessary to protect and benefit the public interest. Resolution No By Director Baker. Resolved, by the Board of Control of the City of Cleveland that pursuant to the authority of Ohio Revised Code Section (B)(1) and Cleveland Municipal Court Journal Entry Volume II, Page 30, dated August 22, 2003, Curry and Associates ( Consultant ) is hereby selected upon nomination of the Director of Finance, on behalf of the Cleve-

7 September 3, 2003 The City Record 7 land Municipal Court, from a list of qualified consultants available for such employment and determined after a full and complete canvass by said Director as the consulting firm to be employed by contract for the purpose of providing a Salary Administration Plan for the Cleveland Municipal Court. Be it further resolved that the Director of Finance on behalf of the Cleveland Municipal Court is authorized to enter into a written contract with Curry and Associates for professional services based upon its proposal, in an amount of Thirty- Two Thousand Two Hundred and Eighty Dollars ($32,280). The contract authorized shall be prepared by the Director of Law and shall contain such other provisions, as said Director deems necessary to protect and benefit the public interest. Resolution No By Director Mok. Whereas, Acordia, a Wells Fargo Company wishes to utilize the 2nd Floor Banquet Room at Burke Lakefront Airport (the Airport ) for the 4th Annual Celebration of Aviation Party ( the Event ) to be held on August 30, 2003; and, Whereas, the City is willing to grant Acordia, a Wells Fargo Company the privilege, permit and license to conduct the Event at the Airport; now, therefore, pursuant to Section of the Codified Ordinances of Cleveland, Ohio 1976, the Director of the Department of Port Control is hereby authorized to enter into an agreement (the Agreement ) granting Acordia, a Wells Fargo Company the privilege, permit and license to conduct the Event in the 2nd Floor Banquet Room at Burke Lakefront Airport from 10:00 a.m. to 6:00 p.m. on August 30, 2003, and to use and occupy the room for such period of time before the Event as necessary for preparation. Acordia, a Wells Fargo Company shall pay the City a $1, fee for the Event, and shall be responsible at its expense for providing traffic control, security and clean up. Be it further resolved that the Agreement authorized hereby shall be prepared by the Director of Law and shall contain such other provisions, as the Director deems necessary to benefit and protect the public interest JEFFREY B. MARKS, Secretary CIVIL SERVICE NOTICES General Information Application blanks and information, regarding minimum entrance qualifications, scope of examination, and suggested reference materials may be obtained at the office of the Civil Service Commission, Room 119, City Hall, East 6th Street, and Lakeside Avenue. Application blanks must be properly filled out on the official form prescribed by the Civil Service Commission and filed at the office of the commission not later than the final closing date slated in the examination announcement. EXAMINATION RESULTS: Each applicant whether passing or failing will be notified of the results of the examination as soon as the commission has graded the papers. Thereafter, eligible lists will be established which will consist of the names of those candidates who have been successful in all parts of the examination. PHYSICAL EXAMINATION: All candidates for original entrance positions who are successful in other parts of the examinations must submit to a physical examination. REYNALDO GALINDO, President SCHEDULE OF THE BOARD OF ZONING APPEALS MONDAY, SEPTEMBER 15, :30 A.M. Calendar No : Appeal of Great Lakes Telephone, LLC, 8901 Madison Avenue (Ward 18) Great Lakes Telephone, LLC, owner c/o Mark Higgins, agent, appeals from being denied by the Commissioner of Assessments and Licenses a private property permit application for a pay phone at 8901 Madison Avenue in a written notice dated July 8, 2003 under the authority of Section 670B.06, where the appellant is ordered to remove the telephone or comply with all the requirements that pertain to the telephone according to Chapter 670B of the Codified Ordinances. Calendar No : Woodland Avenue (Ward 6) Lafayette Carthon, owner, and Karon Jones, tenant, appeal to establish use of a 26' x 43'-2" first floor area of an existing two-story building as a day care facility, all situated on an approximate 60' x 140' parcel located in a General Retail Business District on the south side of Woodland Avenue at Woodland Avenue; said change of use being contrary to the Business District Requirements, permitted under Section and regulated according to a Multi-Family District by Section (e)(3), where the proposed use must be located not less than 15' away from adjoining residential premises not used for a similar purpose and is subject to the 2093 Board of Zoning Appeals approval as stated in Section (f) of the Codified Ordinances. Calendar No : 4016 John Avenue (Ward 13) I & J Property Investment c/o Issael Solivan, appeal to convert an existing two-story frame, two dwelling unit residence to a single dwelling unit residence, situated on an approximate 35' x 88' irregular shaped parcel located in a Two-Family District on the north side of John Avenue at 4016 John Avenue; said dwelling conversion being less than 10' away from a dwelling on the adjacent lot and subject to the Nonconforming Use Regulations where a substitution or change of a nonconforming use is subject to the Board of Zoning Appeals as stated in Section of the Codified Ordinances. Calendar No : 4914 Old Grayton Road (Ward 20) Canal Road Partners, owners, and Allega Recycled Materials, tenant c/o James Evangelista, appeal to expand the use of an existing concrete ready mix batch plant by adding a concrete recycling operation, situated on an approximate 361' x 109' portion of an irregular shaped acreage parcel in a General Industry District located on the west side of Old Grayton Road at 4914 Old Grayton Road; said expansion being contrary to the Industrial District Regulations, where concrete recycling (crushing) is permitted in a General Industry District as an accessory use only upon granting of a special permit by the Board of Zoning Appeals as stated in Sections (b)(15) and (21) of the Codified Ordinances. Calendar No : 2384 Professor Avenue (Ward 13) Parkhill Associates, owner c/o Brian McCreary, appeals to change the use of an existing approximate 29' x 80' four dwelling unit building to a two dwelling unit building, situated on a 33' x 198' parcel in a Multi-Family District located on the west side of Professor Avenue at 2384 Professor Avenue; said change of use being contrary to the Yards and Courts Requirements of Sections A and B, where an interior side yard of 7' is proposed and 10' is required from a main building on the adjoining lot and where an interior side yard of not less than 3' is required and 2' is provided and contrary to the Nonconforming Use Regulations where a substitution or change of a nonconforming use requires the Board of Zoning Appeals approval as stated in Section of the Codified Ordinances. Calendar No : 4408 West 145th Street (Ward 20) Dustin Giberson, owner, appeals to install approximately 50 linear feet of 6' high wood privacy fence to the side of a single family dwelling situated on a 45' x 107' rectangular parcel in a One-Family District located on the west side of West 145th Street at 4408 West 145th Street; said fence installation being contrary to the Fence Regulations

8 8 The City Record September 3, 2003 where the proposed 6' high fence would be 4' from the residence building on the adjoining lot and no fence shall be higher than its distance from a residence building on an adjoining lot as stated in Section (o) of the Codified Ordinances. Calendar No : Somerset Avenue (Ward 8) Brent Price, owner, and Laschanetta Smith, tenant, appeal to establish use as a Type A day care center in an approximate 30' x 60' twostory, wood frame two-family dwelling situated on a 40' x 110' irregular rectangle parcel located in a Two-Family District on the south side of Somerset Avenue at Somerset Avenue; said proposed use being contrary to the Residential District Requirements, where by reference as regulated in a One-Family District, a day care center and accessory uses, if located less than 30' from any residence district is subject to the Board of Zoning Appeals approval as stated in Section (f)(3)(c) of the Codified Ordinances. EUGENE CRANFORD, JR., Secretary REPORT OF THE BOARD OF ZONING APPEALS TUESDAY, SEPTEMBER 2, 2003 At the meeting of the Board of Zoning Appeals on Tuesday, September 2, 2003, the following appeals were heard by the Board: The following appeals were Approved: Calendar No : Lorain Avenue Georgea Matheou appealed to expand the use of an existing approximate 36' x 90' masonry building to include a karate studio on the first floor and basement levels, situated on an 81' x 107' parcel in a Local Retail Business District and a Two- Family District. Calendar No : 6014 Franklin Boulevard Barry Tutin appealed to establish use of a 24' x 35' two-story carriage house as a dwelling unit, located at the rear of a 4 dwelling unit house on a 52' x 175' parcel in a Two- Family District. The following appeal was D e- n i e d : Calendar No : 3906 Clinton Avenue Scott Francis appealed to install 6' high wooden fence in place of existing 6' high chain link fence on the easterly side of a 66' x 129' parcel in a Two-Family District. The following appeal was Withdrawn: Calendar No : 2998 East 63rd Street Hyacinth Lofts Ltd. appealed to establish use of an existing 140' x 222' four-story building as 51 livework units located in a Two-Family District. The following appeal was Dismissed: Calendar No : 4292 Pearl R o a d Cary Ferguson appealed to change the use of a 40' x 114' one and onehalf story retail store building into a motorcycle sales building in a Local Retail Business District. The following appeals were Postponed: Calendar No : Appeal of Northeast Ohio Telephone, Inc., 9410 Denison Avenue postponed to September 15, Calendar No : 4765 State Road postponed to September 15, On Tuesday, September 2, 2003, in Executive Session: The following appeals were heard by the Board on Monday, August 25, 2003, and said decisions were approved and adopted in Executive Session on Tuesday, September 2, 2003: The following appeal was Approved: Calendar No : 2157 West 6th Street Sutton Builders appealed to construct an 18' x 46' three-story one family residence with a 20' x 20' detached garage in a Multi-Family District. The following appeal was D e- n i e d : Calendar No : 1939 West 79th Street Steven and Colette Shank appealed to construct an 8' x 22' doubledecker front porch to a two-story dwelling in a Two-Family District. Motion for rehearing Granted: Calendar No : 3715 Highland Road David Hinz appealed to construct a 22' x 40' two-story attached garage addition to the rear of a twostory house on a 40' x 444' parcel in an A1 Single Family District. EUGENE CRANFORD, JR., Secretary REPORT OF THE BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Re: Report of the Meeting of August 27, 2003 As required by the provisions of Section (2) of the Codified Ordinances of the City of Cleveland, Ohio 1976, the following brief of action of the subject meeting is given for publication in The City Record: 2094 Docket A RE: Appeal of Latwana Williams C/O D-Joy Builders, Owner of the One Story Frame Residential Property located on the premises known as 2032 Ridgehill Road from a NOTICE OF VIOLATION RESI- DENTIAL MAINTENANCE of the Commissioner of the Department of Building and Housing, dated May 8, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). BE IT RESOLVED, a motion is in order at this time to find that the violations issued on the property known as 2032 Ridgehill Road dated May 8, 2003 do exist; the property is REMANDED at this time to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Mr. Gallagher and seconded by Mr. Bradley. Saab, Bradley. Docket A RE: Appeal of Cleveland Bluffs Development LLC, Owner of the Four Story Masonry Property located on the premises known as 1501 Lakeside Avenue from a NOTICE OF VIOLATION EXTERIOR MAIN- TENANCE of the Commissioner of the Department of Building and Housing, dated May 30, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). Docket A has been POST- PONED; to be rescheduled for September 10, Docket A RE: Appeal of 2720 Van Aken Boulevard, LLC, Owner of the One Story Brick Restaurant/Stores Property located on the premises known as 2776 Van Aken Boulevard (aka Van Aken Boulevard) from a NOTICE OF VIOLATION NO PERMIT of the Commissioner of the Department of Building and Housing, dated June 5, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). Docket A has been POST- PONED; to be rescheduled for October 8, Docket A RE: Appeal of Clinton & Vernetta Bradley, Owner of the Property located on the premises known as 1116 East 144th Street from a WARNING NOTICE of the Commissioner of the Department of Building and Housing, dated May 27, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). BE IT RESOLVED, a motion is in order at this time to REMAND the property at 1116 East 144th Street to the Department of Building and Housing for supervision and any

9 September 3, 2003 The City Record 9 required further action. Motion so in order. Motioned by Mr. Saunders and seconded by Mr. Bradley Saab, Bradley. Docket A RE: Appeal of Willie Davis Jr., Owner of the Property located on the premises known as 9722 Lorain Avenue from an ORDER TO VACATE of the Commissioner of the Department of Building and Housing, dated July 10, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). BE IT RESOLVED, a motion is in order at this time to uphold the ORDER TO VACATE and to require that the entire property located at Lorain Avenue be vacated as indicated by the order issued July 10, 2003, the property is REMAND- ED at this time to the Department of Building and Housing for supervision and any required further action. Motion so in order. Motioned by Mr. Saunders and seconded by Mr. Bradley. Saab, Bradley. Docket A RE: Appeal of St. James Lutheran Church, Owner of the Property located on the premises known as 4771 Broadview Road from a NOTICE OF VIOLATION FIRE CODE of the Chief of the Division of Fire, dated June 23, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). Docket A has been WITH- DRAWN at the request of the Fire Department. Docket A RE: Appeal of John P. McGervey, Owner of the Property located on the premises known as 3191 West 43rd Street from a NOTICE OF VIO- LATION PLUMBING of the Commissioner of the Department of Building and Housing, dated June 30, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). Docket A has been POST- PONED; to be rescheduled for September 10, Docket A RE: Appeal of Balm In Gilead, Owner of the Property located on the premises known as Frank Avenue from an ADJUDICATION ORDER of the Commissioner of the Department of Building and Housing, dated August 4, 2003, requiring compliance with the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC). BE IT RESOLVED, a motion is in order at this time to grant the variance to Section and permit the basement to be occupied without the sprinkler system, with the provision that the occupancy be limited to no more than 50 people; and that 5/8" fire code drywall be put in throughout, and that the stairway be separated with a one hour enclosure with a fire door at the top. Motion so in order. Motioned by Mr. Saunders and seconded by Mr. Gallagher. Saab, Bradley. APPROVAL OF RESOLUTIONS: Separate motions were entered by Mr. Gallagher and seconded by Mr. Bradley for Approval and Adoption of the Resolutions as presented by the Secretary for the following Dockets respectively, subject to the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC): A Stelia Pellegrino. A Kristie Karlowicz. Saab, Bradley. Separate motions were entered by Mr. Bradley and seconded by Mr. Saunders for Approval and Adoption of the Resolution as presented by the Secretary for the following Docket, subject to the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC): A Monetta Moffitt. Saab, Bradley. Separate motions were entered by Mr. Saunders and seconded by Mr. Saab for Approval and Adoption of the Resolution as presented by the Secretary for the following Docket, subject to the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC): A Larchmere Lofts LLC. Saab, Bradley. APPROVAL OF MINUTES: Separate motions were entered by Mr. Gallagher and seconded by Mr. Saab for Approval and Adoption of the Minutes as presented by the Secretary, subject to the Codified Ordinances of the City of Cleveland and the Ohio Basic Building Code (OBBC): August 13, 2003 Saab, Bradley. EUGENE CRANFORD, JR., Secretary 2095 PUBLIC NOTICE NONE NOTICE OF PUBLIC HEARING NONE CITY OF CLEVELAND BIDS For All Departments Sealed bids will be received at the office of the Commissioner of Purchases and Supplies, Room 128, City Hall, in accordance with the appended schedule, and will be opened and read in Room 128, City Hall, immediately thereafter. Each bid must be made in accordance with the specifications and must be submitted on the blanks supplied for the purpose, all of which may be obtained at the office of the said Commissioner of Purchases and Supplies, but no bid will be considered unless delivered to the office of the said commissioner previous to 12:00 noon (Eastern Standard Time) on the date specified in the schedule Negotiated contracts; Notice required in Advertisement for Bids. Where invitations for bids are advertised, the following notice shall be included in the advertisement: Pursuant to the MBE/FBE Code, each prime bidder, each minority business enterprise ( MBE ) and each female business enterprise ( FBE ) must be certified before doing business with the City. Therefore, any prime contractor wishing to receive credit for using an MBE or FBE should ensure that applications for certification as to MBE or FBE status compliance with the Code, affirmative action in employment and, if applicable, joint venture status, are submitted to the Office of Equal Opportunity ( OEO ) prior to the date of bid opening or submission of proposals or as specified by the Director. Failure to comply with the business enterprise code or with representations made on these forms may result in cancellation of the contract or other civil or criminal penalties. WEDNESDAY, SEPTEMBER 10, 2003 Lincoln Park Site Improvements, for the Division of Research, Planning & Development, Department of Parks, Recreation & Properties, as authorized by Ordinance Nos and , passed by the Council of the City of Cleveland, May 20, 2002 and June 10, 2003, respectively.

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